LXXXV. Act of the Privy Council decerning a gift to be expede under the
Privy Seal in favour of the Burgh of Dumbarton, of the impost
therein mentioned, without prejudice of the liberty of the Water
Clyde claimed by Glasgow. Stirling, 10 September 1600.
Apud Striviling decimo Septembris 1600.
Sederunt.—Presente Rege, Cancellarius, Mar, Thesaurarius, Blantyre,
Kinloss, Comptrollar, Spot, Clericus registri. Anent our Souerane
Lordis letteris, raised at the instance of the provest, bailzeis, counsell,
and inhabitantis of the burgh of Dumbertane, makand mentioun that
quhair the commissioneris off burrowis convenit laitlie at Edinburgh
vpoun the auchtein day of Junij last, haveing consideratioun of the
grit wraick, rwyne, and distructioun lyk to befall to the said burgh
besydis the skaith quhilk the same hes alreddie sustenit be the awaytaking of thrie scoir aikeris of land be the force and violence of the
watter of Levin, and vtheris watteris about the said burgh: quhairby in
proces of tyme the said burgh is lyk to be environed on all pairtis and
ouerflowne with the saidis watteris. The saidis commissioneris of burrowis, thairfoir, be ane act of thair assemblie past with haill consent, without
contradictioun, except sum oppositioun maid be the commissioneris of the
citie of Glasgw, gaue and grantit libertie and licence to the saidis complenaris to impetrat of the kingis maiestie and his hieness counsell ane
certane impost and dewtie at lenth specefeit in thair said act, as the
samyne beiris. And the Kingis Maiestie being cairful of the weill and
standing of the said burgh, and that the samyne sall nowayis perische
and decay throw default of sa necesser and ressonable ane supplie and
help, sa frelie and voluntarilie condiscendit and agreit vnto be the haill
burrowis, as said is, quha ar the cheif and principall pairteis haveing
interess in the mater. And anent the chairg gevin to Robert Rowat,
James Temple, and Thomas Glen, bailzeis of Glasgw, and Johne Moderuill, bailzie of Renfrew, to haue compeirit befoir the Kingis Maiestie and
lordis of secret counsell at ane certane day bygaine, to haue hard and sein
His Maiesteis gift decernit to be past vnder the privey seill to the saidis
persewaris, for vplifting of the said impoist agreit and condiscendit vnto
be the burrowis, conforme to thair act maid thairvpoun in all pointis, or
ellis to haue schawin ane ressonable caus quhy the samyne sould not haue
bein done; with certificatioun to thame, and they failzie, the said gift
sould be decernit to be past in maner foirsaid, like as at mair lenth is contenit in the saidis letteris, executionis, and indorsationis thairof. Quhilkis
being callit, and the saidis persewaris comperand be Robert Semple of
Corruith, bailzie, Johne Buquhannaine, and Thomas Faulasdaill, burgessis
and inhabitantis of Dumbartane; and Schir Mathew Stewart of Mynto,
knycht, provest, Robert Rowat and James Temple, bailzies of Glasgw,
compeirand lykwys personallie, with certane of the counsell of the burgh
of Glasgow; and Adame Knox, baillie, and Williame Sommeruill, clerk of
the burgh of Renfrew, as procuratouris for the said burgh, being lykwyse
personallie present, the ressonis and allegationis of the saidis pairties
being hard and considerit be his maiestie and the saidis lordis, and thay
ryplie aduysit thairwith, the Kingis Maiestie and lordis of secret counsell
decernis ane gift to be past and expeid to the saidis persewaris, vnder the
priuie seill, for vplifting of the impoist and dewtie abonewrittin, contenit
in the said act of the burrowis, within the liberteis of the said burghe of
Dumbartane allanerlie, without preiudice alwayis of the libertie of the
watter of Clyd, acclameit be the saidis defendaris to pertein to them, and
to be coniunct and vndeuydit betuix the saidis burghis of Glasgow and
Dumbertane. The tryell quhairof, togidder with explanatioun of the said
act of the burrowis anent the liberteis of Dumbertane, His Maiestie and
counsell, with consent of all the saidis pairteis, remittis to the commissioneris of His Hienes burrowis to be convenit at Edinburghe at his hienes
parliament in the moneth of November nixtocum; and sall authorize and
allow quhatsumeuer the saidis commissioneris of burrowis sall decerne
heirin. And in the meantyme, quhill the saidis commissioneris gif furthe
and pronunce thair decreit and delyuerance, His Maiestie and the saidis
lordis dischairges the prouest, bailleis, and counsell of Dumbartane, and
thair collectouris, of all taking of possessioun of the said impoist, melling,
intrometting, or vplifting of the same, within ony pairt or boundis of the
watter of Clyd, nochtwithstanding the said gift; dischairging them thairof, and of thair offices in that pairt, during the said space. Provyding
alwayis that the magistratis of the burgh of Dumbartane mak just compt
zeirlie in His Maiesties cheker of thair intromissioun with the said impoist,
and how the samyne is imployed, and bestowed; quhairin gif thay failzie
the said gift thairefter to be of nane availl.